The summer seems to be one long heatwave, so workplace temperatures are a bigger concern than ever. MP Hannah Spencer has proposed legislation to introduce a maximum temperature for workplaces, with Unision and the Trades Union Congress suggesting a maximum indoor temperature of 30C, falling to 27C for employees carrying out strenuous work.
The Health and Safety Executive says it is impractical to impose an upper limit because in many workplaces, high temperatures are caused by the work itself rather than weather. It cites examples of bakeries and foundries.
Although the current law doesn’t provide a maximum temperature, it does provide protection for workers in the heat.
Health and Safety
Health and safety regulations require employers to provide a safe work environment with adequate facilities and to ensure workers health, safety and welfare at work so far as reasonably practicable. Employers must assess risks and put controls in place to manage the risks. The Health and safety Executive (HSE) is clear that “heat is classed as a hazard and comes with legal obligations like any other hazard.”
The Workplace (Health, Safety and Welfare) Regulations require employers to provide a reasonable indoor temperature in the workplace. This includes good ventilation, and, if the whole workplace can’t be kept at a comfortable temperature, local heating and cooling. For outdoor workers, employers must also consider sun exposure.
While this is less specific than a set maximum temperature, it does leave room to consider the context of each workplace.
If you fail in these duties, you could face a few types of claim. As employment specialists, we can’t help with health and safety claims, but The Law Society’s Find a Solicitor tool can help you to find a solicitor who specialises in these areas.
But mistakes could also lead to employment law disputes. Employees who reasonably believe they are at risk of serious or imminent danger at work can leave the workplace and refuse to return while the danger persists. Be careful before responding to this as a disciplinary issue or docking pay, as your employees may be justified. And if your health and safety failings are significant enough to amount to a breach of contract (including implied terms such as the obligation of trust), staff who resign in response may claim constructive dismissal.
Discrimination
Most people are struggling with this extreme heat, but some of your staff will be especially affected. This could include:
People with disabilities. Some disabilities make it difficult to regulate body temperature, while others have symptoms that are aggravated by the heat. Some may be indirectly affected - for example, blind people who rely on guide dogs will have to plan around their dog’s welfare. Where an employee has a disability, you are required to make reasonable adjustments to reduce the impact it has on their work.
Pregnant women. You have a duty to consider how pregnancy affects an employee’s health and safety in the workplace and remove or reduce risk.
Women experiencing the menopause, especially hot flushes. Menopause can link to age, sex and disability discrimination.
If you discriminate, either indirectly or by failing to provide reasonable adjustments, you could face a costly discrimination claim.
Grievances and disciplinary issues
Productivity may suffer, as the heat impacts on their energy and concentration. If an individual’s work slips during the heatwave, consider whether the heat is a factor before taking a disciplinary route. It is important to fully investigate, to protect yourself against claims relating to disciplinary action. You may be able to solve the problem by addressing the heat, making disciplinary or performance measures unnecessary.
You may see an increase in disputes as staff find their moods affected by heat. Ensure your managers know how to respond to disputes, and keep the focus on resolving the matter and maintaining work relationships. Formal procedures should be a last resort.
What should employers do?
Firstly, if you haven’t done a risk assessment for extreme heat, now is the time. Some experts suggest that this type of summer could become typical, so in the long term you need a plan for how to respond.
How you respond to the heat will depend on factors such as the type of work your staff do, what is practical in your workplace, and individual needs. But you could consider some of the following measures to mitigate risk, or as reasonable adjustments for disabled staff:
Cool the workspace. Airconditiong would be ideal. If that isn’t possible, consider ways to block the sun such as adding blinds to the windows, reduce unnecessary heat by turning off electrical equipment over night, and supply desk fans.
Move workspaces away from windows and heat sources if possible, even if only on a temporary basis.
Relax your flexible working policy. Let people work from home if their house is cooler than the office, or an air-conditioned space like a café or library. Or let people change their hours to avoid working and travelling in peak heat. As an added benefit, less people in the office at once will mean less heat from bodies and computers.
Relax the dress code or uniform policy, but be sure to apply this equally. For example, if women can wear skirts, it might be difficult to justify banning men from wearing shorts. If you require uniforms, could employees wear similar items in cooler fabrics? If your uniform doesn’t use cool and breathable fabrics, consider updating it, or introducing a specific summer uniform.
Provide training for management to help manage frayed tempers and reduced productivity.
If it proves impossible to keep the workplace at a safe heat, and you aren’t key workers, closing on the hottest days could be more cost effective than fighting legal claims.
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